The Sun. — London, England, 1810-08-23 00:00:00

••• or -LAWREPORT. IN ATTORNEY-GENERAL V. THE EARL OF CLARENDON. Jt,:l-;mcnt r1:-Iitelekby his Honour the MASTER of L& ILL. , a. , the Rohs, Chancery-lane, on Sa ‘. turda); Aug. 1.8, iMAsTER OF THE ROLLS, (Sir WM. GRANT.) Toe iniormAtion in this case has three objects ; first, the re.noval ot such ot the Governors of Harrow School, as ,are staird not ,to have bken elected. becoodly, tne better. administration (If th(4 Itlvennes ot the Chat ity ; and thirdly, an allerat;on in the present coostithtion or ,establist., me: tof the School. The first object is sought to be obtained on the ground at the Governors oot.be• ing inhabitants of the parish at the time of their plettion. _ _ By the letters -patent of Queen Elizabeth, the oVei nors of Harrow School are constituted a body "corp;)ratel now this Court has no jurisdiction with 'respect to the . election, or a motion of members of: Corporation's of anyoescription. In eleemOsynary corporations these are matters of visitorial jurisdiction, and where for want of an herr the crown becotne3 l the visitor, it ;s by petition to the crown, and not by bill in this Court, that the removal of a. Governor from the corporate ratter, whichdeirian be has held, is to be obtained, this has nee t k setitcd in the case of Grantham and Coventry, Free Grammar Schools, and in the case at the rvlilion of tki . elittornev General. . . , . Where the election of Governor was tried to be set aside in the Court of 'Chancery, the Chancellor Ile& lined removing him, till a petition was presented to him in hits stsitorial capacity. Corporations constitui - ed trustees, Lave by the decree of .this Court, sometimes been divested of t tat character foi abuse of their oust, as any other Irustee• would have been. Such was the case of Ilie'Corporation of Coventry, in the time of Lord Harabul t ; btu. that is a very different thing from divesting a corporate capacity. Whether any visitor disposed to inquire into ori ginal eligibility, can be allowed to do so after such a, length of time,. is a point on which it is not ne cessary for me to an opinion. That part of the i derination, therefore, which has for its object the removal of the Governors, must be dismissed.' As to the revenues a the Ci:arity, the intortna.7 • tion complains partly . of the' management of the estates, and panty of the management of the in- come. . With respect to the matiagement of the estat s, is said that them, has been a deviation fro'' , the rules of the Founder, to the injury of the Charity ; that the governors do not appoint from among themselves a Surveyor of the esta.es that the tenants are not made to covenant to do all re pairs; that the rents are not received at the School house, but that a receiver is p iid for i)lleeting. them, and the information also complains of management generally improper, independent of the rounder's rules. It is charged that, part of the School estate is let 'to Mr. Williams at an under value, and it is said that other parts of the estates iird let below their es timated value. , The Governors, in answer to this, say that the deviations have nut been introduced in their time, .and that the deviations are beneficial rather than . juriotis to the School estates. As to the few acres _2nd a barn let to Mr. Williams, they say they re served a full tent for the same, and an . higher rent ,than was offered by any other person. On this branch of the case, I think the relators are entitled to have inquiries directed to • ascertain whether the estates are properly and advantageously 'managed, but this must be with a view to prospec tive regulations, if any such should be found to be 'necessary. As to the lease to Mr. Williams, though nothing wrong call in a moral point of view be imputable to him, or the GO'7'ertrors, yet, according to the ge :per?! Tole v. hich this Court adopts, in order to guard against possible frauds, lie could not become a lessee Of which it is. the duty of the G . ..vernors to :Ittt to the best advantage - . It lie. is in possession of tli lands ; he must deliver them up, and be charged with the full value of them, if it shall appear the rent he has paid falls short of the full value. With regard to the application of the income, it is .a4Jeged that some of the purposes are neglected, 'to wilelithe income - ought to be applied ; and that 'pert is applied to purposes not within the scope of 'the Charity. The appropriation of the surplus in -come after . being applied to the Charity, is partly to be according to the Founder's rules, and partly. io be left to the discretion of 'the Governors, as it ap pears • hat the appkation of the income is not in all respeas agreeable to the Founder's rules, I think it should in future be ascertained by a scheme, hav ing due regard to the Founder's direttions, and the. all'eraticin of citcurnstances since big time, which may be such as to render a literal adherence to.his' direst-1 ions adverse to the si irk, of them. Ido not unclers and that the relators state any 'thing with a view to charge tl.e Governors personally and retrospeCt4ely for any abuse of the funds. Jam persuaded that they have administered the revenue of the Charity to the best of their' ,judgment, and that they have been actuated by no improper too tives in what they have done or omitted to do. There is one article of expenditure to which by and by, I shall more particularly advert ; I mean that which regards the - schoolmaster's house. It is in some degree incidental to what is the more imtne ci;qo. object of the suit, namely the Constitution of tie School. the estimation of the relators the School no longer answers the purposes of the foynclation, and in that view the whole expenditure is misapplied. Considering, say they, the very large proportion . which the- pat Ish boys have . to' the other schOlars, •:'l6 income of the Founder •is rather for the more commodious education of. the rich than the ? r.ititit , nis education of the poor ; and it is con tended that some measure ought to .be adopted by tite Court for securing Le• the inhabitants of the 1-UN DU IN ; Printed br R CHA At the .Stit49om parish the, full benefit intended for them by the In. stitution. tttust see in what sense it is true that the inhabitants of the p<irish hake not: the full be nefit of the Institution, before we can judge whether a remedy is practicable. If is not alleged that _thk.re is not a-commodious School, or that there are not competent teachers, or that 3ny of the children of the palish ary-refused ad mitiance, and are not carefully taught, when ad mitted. '.At first -sight it seems that the benefit of the In stitution' is within the reach of the irittabitants so far as they choose to avail thenistlma;ot it, but it is said there are so many foreigners, tiipt is, that so many persons tiot entitled as parishioner, to be gratuitous ly educated, resort tw.this Satool, that the pa rishiotters are deterred from sending their children there partly because of the ill ireatinent they receive, and partly from the apnrehension of their acquiring expensive habits, by: Orli a , sociating with persons of a rank superior to their oiArn. If this statement is-true, it difficult to conceive what remedy the . Court can apply,. Tile only com plete one would be the exclusion of fotei;ners ; but this would, be incompatible with the intention of the Founder. , Would it not go the extent , :f saying, that this School should be a parochiA School ; yet the Founder has :declared that the master may re ceive over and abovethe youths on the foundation, so many foreigners. as' may be well taught and the place tuay contain. • It is nbt attempted to be shown that this number has been exceeded; but in the next place would the. paiisti gain by the conversion of this distinghished Sentinary of Learning into a .paroollial Schuol., .1t cannot be supposed that for the present salaty a man of talent would supply the place of a master ; and to give a large salary would be the lea,t 'likely mode fur securing his i dtligence and attention in the sphere to-which he would, be confined. As to the limitation of the number of foreigners, it certainly would not 'be produttive of any advan tage. Ido not know the numbers from which b.id habits may be learned, or ill treatment may/ be suf. tered, but is it true that-to the alkged causes the paucity of the present scholars on the tound3tion is, to be attributed ? Why should Harrow School be distinguished from other Schools in which the admission of foreigners does not prevent the parishioners trom taking the benefit of the foundation ? Upen the whole of tins part of the' case it aepears to me, that taking the e‘idence together, the alleged conspiracy against 'the patish boys is not made out; the number of in stances of ill treatment proved is no greater than in the course of the years:which hae e a'ssed might have happened ficen accidental _circumstances. White the slatOnent of the circumstances in which there was nb such treatment seems to negative the Uni fortin hostility alleged to prevail, several witnesses, and among them parishioners say, that there are few parish schOlars,- because there are. but few pa rishionerswho wish to give their children a classical education.—Giving credit to them, the [rumba tnete at any time would be small; I,shoula. therefore be loth to - take any step that might impair the geuer.ll utility of the School'or lower it to the foundation. In some schoOls the master has an allowance per ••annum for every scholar taught on 0.16-foundation. . To that 'mode I see no objection, but any restric tion as to the number, except that which the Founder has prescribed, would not be efficacious ; and I can not consent to a reference to the master to flamed scheme with a view to any such object. It is said, that if the parishoners do not wish to send their chtl dren to the School, or are prevented from doing so by causes which this Court cannot coniroul, the foundation ought not to be applied to expetices at -tending the School, but the parish ()tight to have the benefit some other way. • The ,pariss•lotters, how ever,, must be content to take the benefit in the way the Founder has thought fit to give it. Th& School is not to be let down because within a given period few or no parish scholars are sent to it.— The Founder has .determined that there shall be a Grammar School for ever at 'Harrow, and he - has provided funds for the. foundation. In that Grammar School, parish children are to be taught gratuitously, but the Founder also .meant to encourage other scholars, and to impart every bene fit to them, except that of gratuitous teaching.— The school must have been built of larger dimen sions, and at a greater expence, with a view to their accommodation. The play-ground,must have been adapted for the whole number. of scholars, and not for the parishioners only ; the exhibitions are not to fail; beeause the/ parishioners are not qualified to go to the University; others. are to have the benefit of them.. I cannot admit that the propriety of the expendi ture is to be measured by the number of parish boys to be. benefited,' provided it is an expenditure refer- able to the purposes of . the School. This brings me to' notice the expenditure in the repairs of the master'x house. It is clear the. master is to be pro yided with an habitation arthe.expenceof.theirttst. The Founder states his intention to build a neat and convenient room for the master or usher. 'How long it was kept up, or where it was built does not, appear. He directs that the, court book sliall be kept in a chest in the house kept ,for the schoolmaster. — It appears that as for back as !b7O an allowance was triad; to the master for the house. In 3671 there was some allowance to tit up his house for the accommodation of himself and boarders, In 1072 a house belonging to the trust is given free trom rent, and there are entries in the books of the items of the sums expended in the rcpails of the master's house. When the present master was appointed, the house being out of repair, the Governors agteed_lt , give 1,2001. towards the'repairs, that sum was not sufficient for those which were necessary, and the master has laid out 50001. in enlargug and improv ing the house. • It thus appears that,the Governors instead of in creasing the schoolmasters salary out . of the aug mented revenues of the Charity, have given lout in another shape - a benefit, the amount of which I think is not extravagant., In the case 1)1111:gby School, which was before the. Lord ChaticAlor two .years ago, the expenditure of the master .c as much 111) H It IS, of No. 4. Nlarticu.court. 130w-street;' ,:rd i' ice, No, 112, Strand, wbere Advertisements, Orders for . . larger, and -the objetaions made on titesame grotulds as those relied on in the present case were not allow-, ed to prevail. 'Rugby School was founded in the lime of Elizabeth, and was to be a free grammar school for children at Rugby and Brieklow, and after wards in process of time, it became, as it was sv.-ry likely it should, similar to Harrow, egreat public school, and the scholars out-numbered the founda tion in the proportion of ten to one. In the 17th of his present •Majesty, au `Ad passed relative to the estates which directed the Trustees to lay before the Court of Chancery plans for the appropriation of the surplus rents. Under the order of reference, a scheme was laid before the Master 3f the Court. It was proposed to add 21. for every boy, to make it 31. for eery bey on the foundation, to add to th e nu ',ber 91 exhibitions, to give several thousand pounds for re-building the house for the accommodation of hoarders, and 5001. for other buildings. The mister reported that he approved of the said plan, except as sueh parts.as related to the re-buildingahe -school- 7 master's house, and erecting new offices and studies on the increase of the number of the exhibitioners. He stated that he did net approve of suish part of the plan, for although he was of opinion it was necessrry that a sufficient dwelling-house with oftices,• should be eratted for the accommodation of the master and boys, and that it was proper the number tit exhibi tioners-should be increased, provided they were elect ed from the scholars of the Charity, yet, having re gard to the size of the dwelling 7 house, ,to nom . ber and desuiption of the ushers, among whom were French and drawing waste's, and also the number of boys educated at the said school between 1800 and 1805 inclus.ive, not more than one-tourth belonged to the said Charity, and that of the number'of exhi= bilioners chosen during the same. time, one-third Quiy were taken from boys belonging to the Charity, it did appear to him that such dwelling-house and offices were calculated fur the recrinii:n. of boys of different descrtptions,. and educating them in a dit tetent manner from what was intended by the Vounder or by the At of Parliament before men tioned, of the 17th of the King, and to the preju dice of the buys who were entitled to the ehariq, nor did he ap k .rove.of the plan, as there Wai no Con sideration of the altos-men or alms-houses, and the petit tuners neglected to lay any other plan b.fore him though requited so to do. The Tr. ustees presented a petition to the Chancel lor, praying, that notwithstanding the report they ought be 'at liberty to carry their plan into execu tion, and the Chancellor ordered that the petitioners be at liberty to carry into effect the plan for the dis poition of the funds so carried in before the.master, and for that purpose it waa ordered that the petition ers be at liberty to pay the master 21. per annum for each boy, raise 1,4001. for the pUrposes of the plan, .enlarge the number of the exhibitioners, and ad pur suant io the scheme of the Trustees. 1t is.thei Wore übvit,us, that the Chancellor did' not conceive • an expenditure to beimproper, which tended to the ge neral advantage of the School, merely beciukse it weir not calculated for the direct and itntnediale advan tage of the boys on t he foundation. Che only part of the information remaining to be nutic~tt, is tipt which represents the course or edu cation and internal dist:ipline as nut entirely agree aule to the rules laid down by the Founder.. But the Governors are expressly am' .trr.se_d to alter those rules, and such alterations as have been long k.nown and acquiesced in will be presuMed to have been made by the'auttiority of the Founder, though the precise order whether this or that book is to be read in a particular form, ur the boys go to school at a particular tune is to be left to the Governors to de termine.' If there is any material alteration from the foundation, the visitor may be called upon to re pair it. • Such being the opinion I entettain, it - will only l'Utuaiu to frame a decree in conformity to it.—The details of this may be the subject of subsequent con sideration. , EDWIN AND-EMMA.—It will confer an additional interest on the pleasingly pathetic Poem of "Edwin and Emma," to know that tI4 incidents 'happened precisely as MALLET has described them, and that, he altered only the names of the unfortunate couple. This appears 'by doettenents annexed to a publica tion of some remaining . copies of BASKERVILLE'S edition of the Poem, il'eustrated by six views on Sianemore, where the lovers lived and died, and of the commemorating tornb-storie over their mutual grave, drawn and etched by the tasteful hand of Mr. G. ARNALD. The doeumentsare a letter from the then Curate of Bowes, where the lovers were buried, and his register of the..facts. To these Mr. ARNALD has added the tolloWing statement : " The wife, of the present parish clerk knew the sister of :MARTHA RAILTON (Emma) well, and s .has often heard her mention thern.. 7 -,The spot where they lived is well known ; but no vestige of their habitation remains. On the. site of .WRtoirrsON's (Edwin'9 hope now stands the residence of one of the schoolmasters.. It is retnarliat?le - that both families have left neighbourhood ; not the most dist.ant relative of either now remaining there. On the grave of the lovers is la'd a square stone, Which had been the base of a small cross, formerly stand ing its the chureh 7 yard, and le!noveil to where it now lies by the people of the place, in gommernora tion of their untimely .fate.. The- rudeness aitil frailty of this memorial has been amply c pinpenated by the poet, who has' rearecithem a monument more durable than bras, and whith ‘siil•perish ooly with the-English language.", The following etcusion, on hearing that Lord Nelson's monument, at GhsgoA.., lately, shattered by lightnitig, was about to b . o ropiiired, and apoetital • inscription put upon n, /5 by the 11ev. J. GRAHAME, author of " The Sabbath,' • Withhold, Width°ld the'sacrilegitius hand! • 'lmo luny nun ;tit. a asin sofa' ! Nor let those hoes, kvhio.l-lep t en's, own Are.hath trac'd, • By mortal ni4,ituer., ever be elbc'd. •Viaat.i.z‘ Id so 1;:,, l me, of turn howho fell Where HI, peaPd his parting •knell„ As Nair twe, trenched try torky lcireo.l As ,fiar,;..ter c artiv'l uy h is from heaven I 11,1 . Leave urea the waivittl'd plan; 'I •;:,! or,ountel,i2an embletO of the man. 1 11..1-+P4 A i<;' , "!,1 1 ; S PI'S, tiouth Molton street, Gr)-venor rquare , Letto's for the Editor &c; i s post-paid), m.tast addrcssM. nArro.N.d S T Uri OAV An Association has been lately format under the name of the," Natioital Institution," io improvo Thitish Manuladures, and the Arise , nneeted there- The manifold and important objeEts which it will embrace, may be comprehended in one emphaf.c .itle—Briiish Manufactures ;- of which eveiy branch furnished by mechanical power, manual labour, 9 r human ingenuity, will be included. No article that rriAnjaciure, or the arts connected with it, car; pro duce, will be omitted, so that not only the fabricati• ed Materials will be distinctly exhibited, - but their various applications illustrated in their d fferent gran daiolis, from a state of ordinary use, to the highe 9 ! degree of tasteful and splendid decoration. Thus' the manufaelurer will have • the most 'desirable t ,as they will prove the most beneficial, opporfutltles of exhibiting specimens of his counnodities ; the mechanic, ot displaying his ingenuity ;. and' the or tiz in, of making known the taste'and perfection of his workmanship ; - while every purchaser ot manu factured articles (which may be considered as ill' volving the whole extent of population) will krinvi, where to apply for the purpose of seeing whit he actually does want,. in all its varieties, what he WY. Want, or what-he is not sensible, perhaps,. that h e does IA ant, till the view of an object suggests the necessity of it. -• He will have presented' at tu ... once to his inspectio . (arranged in a regular and c onnected series), all tha t Manchester, Birmingham, Sheffield, Leeds., - . Not,; tinghato, Covistry, Norwich, OlasgoW, ard al l ether inanufactuting-places, supply_; while the it" genious ariiian, wherever he may live, or whatever may be his branch, will here.be enabled to displaf to the public, the fruits of his invention or his in" • dustry. Thus the rnanufaClurer and the consumer. will be brought together, without the intervention of those circumstances • which now keep them at a dis tance, to their mutual inconvenience and di 3Ll ' . vantage. It is almost superfluous to state, that an Instiftl° tion of this peculiar - charaCter and comprehensi` ° description must be established in the metropoli s " London is the centie of attraeii the grand ma t t of the Itmgdom, and, as tt were, the citadel trade, to Which the distant commercial towns are so many out-posts, whose strength con s i s ts in al e ' r connection with; and dependence upon it ;_ it P OP. sesses the'corceritrated powers of sale and onr clia' e, 'and. the objet of this Institution to attract tb °3e . 0 powers to one distinguished pint . , and to fix ti et there, in every thing that - respects the trade of . 13 ' 1 tish manufaaures, It will be achainiel - for t he p'y according to it scale of quantities of ail inatruf3' tured articles. • The . premises' will be of dimensions s uited I : the extent of the undertaking, and fitted OP ° be manner calculated to display their contents to t best possible advantage ; nor will any a ppropri , l o circum,tanees he wanting which is necessary t° most complete system of accommoolation. • The Util,ty of such a reservoir for British wan d fiEttirCci cotumodities, cannot be questionc ,4, 'hat it will promote their variety, .00veliy, and •prOVernent, can be as little dbribted : while by cncouragcrnc:nt of ingenuity frcm the offer of P re.. , miums, and other incitements, not only etol ) .",'' e ,- ments and occupations of a very buitzkble and ° 5, , curning character will be given to young • Pei o9 e ll .., and pariicularly of the leMale sex (which eluded from too many); but prominent advanil e , will naturally result from Such a source, by an ces,ion of utility, taste, and beauty, according • be , articles, from their quality and application, tol susceptible of them. .; To extend these observations into all tile de ,: tail of ilrustratinn of which the subjeet is Cl°);c1 tale, must be reserved for a future cciturnunicatio'o _ the public. • The. 'philosopher, politician, and man . Of r ll :: mercial knowledge, will want no particular eXP a bd, lion to give them a correct idea of the object , result of ale projeaed institution. a n, As the manufa6turers, will of- course pay all . 0 1 nual moderate sum fromrthe privileges deriVed fr o _ the establishment, it cannot be thought an 111 :, sition, if the publiC at large Purchase their a do o f sion on the. same terms -..which 'other - places to public amusement -and ipstruelion are allowed demand. • An Exhibition thus pOsses,ing an un prall',o range for the gratification of rational curiosity , dotibt!ess become a most interesting, novel, an d ' o e propriate feature of the first comtnercial city,i n ` O l world. It way be considered as,the P anora" British, Manufacture. h it' N.& . ORAVISIND, AUGUST 21' A rriveri—the E xanthus, t.a . flo.lAh, froin Quebec- • ,„T e rei, Sailed --the Ann, Prescott, tur ; •NI 4 0 ', o r:* Beatson, for Quebzc ; A Oreadie, Davidson, tot ( 1 1, A I phea, Fluttun, for Lisbon; and the Vine, 1-lugl' e *" Newry, • BIRTHS •1.0 1 On Friday last, at Roshbrooke-Hall, Suffolk, the k . - . of Lim:tenant-Colonel Rushbwoke, of a Daugli , er• LaY On SatiirdAy last, at ‘Vear..ilo.use, near Exeter, the. of Admiral Sir I. 'l'. •Do‘kworth, K. 11.. or a Son- Ke nt On Tuesday last, at. Sir Yrai , eis itarine's, Harr, Lcc' to the Lady of Thomas Read Kemp, list!. of 1-lersr; , "' Castle, Sussex, of a Soli and H ir. 11 AHRIP/ On'the x4th inst. at Hackney, Mr. Kirby, of 13ic pito Oxford'shire, to(bliss ot the Grey, kneY' lti sterf . On TtieWay last, at St; jattivs's Mr; ot lieofordshiii., to Mt; . , tb e , D/E/), • • tio S' On Titesdav last, of a ,violent attic . of the g° 3 ;3 0 head, john l' . ary, Esq. of l'aritdise- roll, I., :m be.h, " 57th year, forineny a ll'atrister of Lincoln's, rrt o? The same day,, ILichar:t Chambers, Usti ti , of I° o • place, ELlov,,re• road, itt th- ,6th year of ht, ace. —, PR l• .11 UCKS YEITERDAY. 13flk . ..,tock, 2601 2.5 t India StocK, Pr' Nl.ivy 4.; pet Cwt. 99i a • India Bonds, 225. r. Irish 5 per Cent. , fills, par. tis.P 4 per Cent. 85 onnnutn, dis. it 3 per Cent. keti 69 lit- Imperial 3 Per Cc: 4 . 3 per :...7ent. Cons. 68 Ditto Ann. Bonk L. Ann. r 8 9-;6llis COns. for 2901 inst. 68_,..,01 .N 1 ,9 , . -